Commonwealth v. Banks

OPINION OF THE COURT

FLAHERTY1, Justice.

The facts in this case are that the appellant, Marlon Banks, was convicted in the Court of Common Pleas of Philadelphia County of possession of drugs (cocaine) and possession with intent to deliver a controlled substance. The Superior Court, in a memorandum decision, affirmed. Appellant alleges that evidence seized by the police should have been suppressed as the fruit of an illegal search. We agree, and, thus, reverse.

On January 20, 1992, at 12:50 p.m., a police officer in a marked police car saw appellant standing on a Philadelphia street corner.…